IN THE CASE OF:	  

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090010059 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to reflect his award of the Purple Heart and that he be issued a Purple Heart medal set.

2.  The applicant states that he was awarded the Purple Heart for wounds received in action in Vietnam on 15 March 1969; however, that award was not added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and he never received the actual medal.

3.  The applicant provides a copy of his Purple Heart Certificate, dated 2 September 1969, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to 
timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted in Detroit, MI on 21 March 1968 and underwent all of his training at Fort Knox, KY before being transferred to Vietnam on
3 September 1968 for assignment to L Troop, 3d Squadron, 11th Armored Cavalry Regiment as a scout observer.  He was advanced to the rank/grade of specialist four (SP4)/E-4 on 14 January 1969.

3.  On 15 March 1969, he sustained possible broken eardrums to both ears and he was reported as a casualty on that date.  The certificate he provides indicates that he was awarded the Purple Heart for wounds received in action on 15 March 1969.  There are no records contained in the applicant's official records to substantiate the award of the Purple Heart.

4.  He departed Vietnam on 28 August 1969 and he was transferred to Fort Hood, TX, where he remained until he was honorably released from active duty (REFRAD) on 20 March 1970 due to the expiration of his term of service (ETS).  He had served 2 years of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, Vietnam Service Medal with four bronze service stars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.

5.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

6.  The applicant’s name is shown on the Vietnam Casualty List under code “24” which indicates "hostile wounded in action – not serious – not hospitalized."  The date of this injury/wound is listed as 15 March 1969.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 11th Armored Cavalry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 50, dated 1970.




DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's records do not contain orders awarding him the Purple Heart, the applicant's name is contained on the Vietnam Casualty List as a casualty wounded on 15 March 1969.  The Purple Heart Certificate provided by the applicant also states he was wounded in action on 15 March 1969.  Therefore, these two corroborating documents are accepted as sufficient evidence to establish that he was in fact wounded in action in Vietnam on 15 March 1969 and that he was awarded the Purple Heart.

2.  Accordingly, it would be in the interest of justice at this time to add his award of the Purple Heart to his records at this time and authorize the issuance of a Purple Heart medal set to him as well.

3.  Additionally, the evidence of record also indicates that the applicant is entitled to the RVNGC with Palm Unit Citation and to have it added to his records as well. 

BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
   
   a.  adding to item 24 of his DD Form 214 the Purple Heart for wounds received in action on 15 March 1969 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
   
   b.  authorizing him the issuance of a Purple Heart medal set.




2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________x______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090010059



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ABCMR Record of Proceedings (cont)                                         AR20090010059



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